United States: Professional Negligence

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Under Berk, Is State Court Better? Removing A Case To Federal Court May Now Cost Defendants An Early Exit Strategy.
The Supreme Court's decision in Berk v. Choy fundamentally altered the calculus for removing medical malpractice and professional liability cases to federal court by eliminating state affidavit-of-merit requirements. This shift transforms what was once a routine procedural decision into a strategic business choice with significant cost and timing implications.
United States Litigation
BS
Butler Snow LLP
Article
One Battle After Another: Freight Brokers In A Post-Montgomery World
The Supreme Court's landmark decision in Montgomery v. Caribe Transport II, LLC fundamentally reshapes liability exposure for freight brokers nationwide by ruling that negligence claims for hiring unsafe motor carriers are not preempted by federal law. This decision eliminates a critical legal defense that brokers had relied upon in many jurisdictions, potentially exposing the industry to increased litigation and higher insurance costs.
United States Litigation
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Benesch Friedlander Coplan & Aronoff LLP
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